Terms and conditions of berliner team GbR, including limitation of liability and the client’s assumption of liability for participants in Section 9.

1.

These berliner team GbR terms and conditions shall take precedence over any conflicting terms and conditions specified by the client.

2.

Any amendments and additions to the contract must be made in writing. This also applies to any amendment of this clause requiring the written form.

3.

berliner team’s services are rendered by the company’s owners themselves, its employees or freelancers.

4.

The client’s rights to withhold payment or set payments off against valid claims made by berliner team are expressly excluded.

5.

The client shall inform berliner team before and during the event of any and all circumstances that are relevant for the preparation and performance of the service.

6.

berliner team and all employees, including freelancers, undertake to treat all knowledge acquired within the scope of the order and relating to the client’s business matters and internal processes with the strictest confidence.

7.

If, due to force majeure, illness, accident or other circumstances for which the trainer/facilitator is not responsible, berliner team is unable to organise an event facilitated by the previously agreed persons, berliner team shall be entitled to perform the service with equally qualified trainers/facilitators, or to perform the services on a newly arranged date, with the exclusion of any liability for damages. In the latter case, the client shall be entitled to withdraw from the contract if the client is unable to make use of berliner team’s proposed alternative dates, or if later dates are not possible for the client.

8.

In the event of a cancellation of appointments on the part of the client less than 4 weeks before the agreed date, cancellation fees in the full amount of the agreed fee will be charged.

9.

The client acknowledges that berliner team and the owner of berliner team hold the copyright to all created works (training documents, etc.). The client shall not reproduce and/or distribute and materials. or record the events on audio or video tapes, without the prior written consent of the copyright holders.

9a.

Due to the special nature of the services provided by berliner team, berliner team does not assume any liability for personal injury or damage to property caused by berliner team (including its employees and agents) either intentionally or through gross negligence. In case of intent or gross negligence, berliner team’s liability is limited on the one hand to the liability of the company owner taking part in the event, and to the liability sum (personal injury € 1,533,000.00, property damage € 511,000.00 and financial loss € 25,000.00) on the other hand.

9b.

The client undertakes to inform the participants of this limitation of liability in accordance with Clause 9a (in terms of reason and amount) and to obtain corresponding undertakings from his employees towards berliner team. This must be demonstrated to berliner team before the event by handing over appropriate contractual obligations signed by the participants. If this does not happen, the client is obliged to indemnify berliner team from all claims in respect of the participants exceeding the above limitation of liability in accordance with paragraph 1.

9c.

The client undertakes to ensure that all participants have adequate health and accident insurance. Insofar as this should not be the case, the client is obliged to take out appropriate insurance policies before the start of the event for the duration and scope of the contractual performance of services by berliner team.

9d.

The client is obligated to ensure that the event organised by berliner team takes place during the client’s employees’ recognised working hours, so that any accidents are classified as workplace accidents and are covered by the clients’ liability insurance. In the event that participants attending events organised and held by berliner team are not covered by the client’s liability insurance, the client shall inform berliner team ten working days before the commencement of the event. berliner team reserves the right to exclude these persons from participating in the event. If such written notification is not made, the client shall assure berliner team in writing that any claims made by these persons shall be treated as if they were insured for industrial accidents by the employers’ liability insurance.

10.

In the event that the individual provisions of these terms and conditions of business be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the economic and legal purpose intended by the invalid provision is achieved. The same shall apply if an omission in need of supplementation becomes apparent.